Maintenance
Sec. 504. Maintenance.
(a) In a proceeding for dissolution of
marriage or legal separation
or declaration of invalidity of marriage,
or a proceeding for
maintenance following dissolution of the
marriage by a court which
lacked personal jurisdiction over the absent
spouse, the court may grant
a temporary or permanent maintenance award for
either spouse in amounts
and for periods of time as the court deems
just, without regard to
marital misconduct, in gross or for fixed or
indefinite periods of time,
and the maintenance may be paid from the income
or property of the other
spouse after consideration of all relevant
factors, including:
(1) the income and property of each
party, including marital
property apportioned and non-marital
property assigned to the party
seeking maintenance;
(2) the needs of each party;
(3) the present and future earning
capacity of each party;
(4) any impairment of the present and
future earning capacity
of the party seeking maintenance due to that
party devoting time to
domestic duties or having forgone or
delayed education, training,
employment, or career opportunities due to
the marriage;
(5) the time necessary to enable the
party seeking maintenance
to acquire appropriate education,
training, and employment, and
whether that party is able to support
himself or herself through
appropriate employment or is the
custodian of a child making it
appropriate that the custodian not seek
employment;
(6) the standard of living established
during the marriage;
(7) the duration of the marriage;
(8) the age and the physical and
emotional condition of both
parties;
(9) the tax consequences of the
property division upon the
respective economic circumstances of the
parties;
(10) contributions and services
by the party seeking
maintenance to the education, training,
career or career potential,
or license of the other spouse;
(11) any valid agreement of the
parties; and
(12) any other factor that the court
expressly finds to be
just and equitable.
(b) (Blank).
(c) The court may grant and enforce the
payment of maintenance
during the pendency of an appeal as the court
shall deem reasonable and
proper.
(d) No maintenance shall accrue during the
period in which a party
is imprisoned for failure to comply with the
court's order for the
payment of such maintenance.
(e) When maintenance is to be paid through
the clerk of the court
in a county of 1,000,000 inhabitants or less, the
order shall direct the
obligor to pay to the clerk, in addition to the
maintenance payments,
all fees imposed by the county board under
paragraph (3) of subsection
(u) of Section 27.1 of the Clerks of Courts Act.
Unless paid in cash or
pursuant to an order for withholding, the payment
of the fee shall be by
a separate instrument from the support payment
and shall be made to the
order of the Clerk.
(Source: P.A. 91-357, eff. 7-29-99.)
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